Sears v. Upton
|09-8854||Not Argued||Jun 29, 2010||5-4||Per Curiam||OT 2009|
Issue: Without oral argument, the Court decided that a state court failed to adequately assess the a capital defendantâ€™s claim of ineffective assistance of counsel arising from his lawyerâ€™s failure to investigate the defendantâ€™s history of mental impairments.
Judgment: Vacated and remanded in a per curiam opinion on June 29, 2010. Justice Scalia filed a dissenting opinion, joined by Justice Thomas. Chief Justice Roberts and Justice Alito would have denied the petition.